[Senate Report 105-384]
[From the U.S. Government Publishing Office]
Calendar No. 702
105th Congress Report
SENATE
2d Session 105-384
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WOODLAND LAKE PARK TRACT
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October 9, (legislative day, October 2), 1998.--Ordered to be printed
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Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2413]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2413) to provide for the development of a
management plan for the Woodland Lake Park tract in Apache-
Sitgreaves National Forest in the State of Arizona reflecting
the current use of the tract as a public park, having
considered the same, reports favorably thereon with amendments
and an amendment to the title and recommends that the bill, as
amended, do pass.
The amendments are as follows:
1. Beginning on page 1, strike line 3 and all that follows through
page 2, line 10, and insert the following:
``SECTION 1. WOODLAND LAKE PARK TRACT, APACHE-SITGREAVES NATIONAL
FOREST, ARIZONA.
``(a) Prohibition of Conveyance.--The Secretary''
2. On page 2, line 17, strike ``(c) Definition.--The terms'' and
insert ``(b) Definition.--In this section, the terms''.
Amend the title so as to read: ``A bill prohibiting the conveyance
of Woodland Lake Park tract in Apache-Sitgreaves National Forest in the
State of Arizona unless the conveyance is made to the town of Pinetop-
Lakeside or is authorized by Act of Congress''.
purpose of the measure
The purpose of S. 2413, as ordered reported, is to prohibit
the conveyance of Woodland Lake Park tract in the Apache-
Sitgreaves National Forest in the State of Arizona unless
conveyance is made to the town of Pinetop-Lakeside or another
entity pursuant to a subsequent Act of Congress.
background and need
The Woodland Lake Park is an isolated parcel of National
Forest system land surrounded by mostly residential and private
lands as well as lands owned by the town of Pinetop-Lakeside.
The Woodland Lake Park tract was designated a National Forest
townsite in 1987. This designation provides an opportunity for
the town to pursue acquisition of the parcel by purchase.
A preliminary appraisal, completed for the town in the late
1980's, estimated a value of $5.8 million for the entire 583
acres. The Forest Service estimates that the current value
could be more than $10 million.
S. 2413 prohibits the conveyance of the tract unless
conveyance is made to the town. This will provide the necessary
time for the town to raise the needed funds in order to
purchase the lands.
legislative history
S. 2413 was introduced on July 31, 1998, by Senators McCain
and Kyl. The Subcommittee on Forests and Public Land Management
held a hearing on S. 2413 on October 1, 1998. At the business
meeting on October 6, 1998, the Committee on Energy and Natural
Resources ordered S. 2413, as amended, favorably reported.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on October 6, 1998, by unanimous vote of a
quorum present, recommends that the Senate pass S. 2413, if
amended as described herein.
summary of s. 2413
S. 2413 prohibits the Secretary of Agriculture from
conveying the Woodland Lake Park tract to any entity other than
the town of Pinetop-Lakeside.
committee amendment
During consideration of S. 2413, the Committee adopted an
amendment that deletes a provision directing the Forest Service
to prepare a special management plan for the Woodland Lake Park
tract. This provision was determined to be unnecessary because
the Forest Service is already managing this tract primarily for
recreational purposes pursuant to the forest plan.
cost and budgetary considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2413.
The bill is not a regulatory measure in the sense of
imposing Government established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little if any additional paperwork would result from the
enactment of S. 2413.
executive communications
The Committee on Energy and Natural Resources has requested
executive comment from the Department of Agriculture and the
Office of Management and Budget. These legislative reports were
not available at the time this report was filed. When the
requested reports become available, the Chairman will request
that they be printed in the Congressional Record for the advice
of the Senate. The testimony provided by the Forest Service at
the October 1, 1998, Subcommittee hearing follows:
Statement of Sandra H. Key, Associate Deputy Chief, Programs and
Legislation, Forest Service, Department of Agriculture
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to discuss the Forest Service's views on S.
2413.
s. 2413--woodland lake park tract, apache-sitgreaves national forest
The Administration opposes S. 2413.
S. 2413 provides for the development of a special
management plan for the Woodland Lake Park tract in Apache-
Sitgreaves National Forest in Arizona to ensure the tract is
managed by the Forest Service for recreational purposes
consistent with the use of the tract as a public park.
The Woodland Lake Park is an isolated parcel of National
Forest System land surrounded by mostly residential, private
lands and lands owned by the town of Pinetop-Lakeside. The
Woodland Lake tract was designated a National Forest townsite
in 1987. This designation provided an opportunity for the town
to pursue acquisition of the parcel by purchase pursuant to the
Townsite Act or by exchange. The Forest Service and the town
share a common goal to convey these lands to the town or
compatible private interests, and we have been actively
pursuing this goal with the town for over a decade.
Pinetop-Lakeside has had continued use of these lands
through special use permits while they pursued acquisition. In
the late 1980s, three special use permits were issued to
authorize use of the entire 583-acre parcel during the
acquisition process. One permit was issued to the Blue Ridge
School District, and the other two were issued to the town of
Pinetop-Lakeside.
The permit issued to the school district is for the 40-acre
Big Springs Environmental Area and this permit will expire in
year 2000. The remaining town permit covers 73 acres for the
recreational facilities at Woodland Lake Park and expires in
2007. The 468-acre 10-year permit for undeveloped lands between
Woodland Lake and Big Springs expired in December 1997.
Since 1987, the town has been encouraged to take advantage
of the opportunity to purchase the land under the Townsite Act.
It has also been suggested that they involve private interests
to assist them in acquiring a portion of this tract. The town
has not pursued either option and has tried to get the lands
conveyed to it at no cost. Whether through a Townsite Act
purchase or a land exchange, the lands may only be conveyed for
fair market value.
The Federal Land Policy Management Act and other
authorities prevent the Forest Service from disposing of lands
at less than appraised values. These authorities are in place
to ensure that taxpayers are fairly compensated from the sale
or exchange of Federal assets. A preliminary appraisal,
completed for the town in the late 1980's, estimated a value of
$5.8 million for the entire 583 acres. We estimate the current
value could be more than $10 million. We are willing to work
with the town to sell them parcels of the tract as they produce
the cash or land of equal value.
S. 2413 would provide that the Apache-Sitgreaves National
Forest prepare a special management plan within 6 months to
ensure that the tract is managed by the Forest Service for
recreational purposes consistent with the use of the tract as a
public park. We do not believe this is necessary since the
lands are already being managed by the Forest Service for
primarily recreational purposes.
The Administration would be glad to work with Senator Kyl
and Senator McCain to reach an administrative resolution, or
explore ways that the lands could be conveyed to the town for
fair market value or land of equal value.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2413 as ordered
reported.